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PAG LIN 1 1 Amend House File 2472, as amended, passed, and 1 2 reprinted by the House, as follows: 1 3 #1. Page 1, by inserting before line 1 the 1 4 following: 1 5 "DIVISION I - JUSTICE SYSTEM APPROPRIATIONS". 1 6 #2. Page 1, by striking line 11 and inserting the 1 7 following: 1 8 ".............................................. FTEs 178.50 1 9 It is the intent of the general assembly that of 1 10 the funds appropriated in this subsection, not more 1 11 than $50,000 shall be used to establish an office of 1 12 veterans advocate as provided in section 13.22, as 1 13 enacted by this Act." 1 14 #3. Page 1, by striking lines 12 through 19 and 1 15 inserting the following: 1 16 "2. a. The attorney general shall provide up to". 1 17 #4. Page 1, by striking lines 25 through 27 and 1 18 inserting the following: 1 19 "b. In addition to the moneys retained by the 1 20 attorney". 1 21 #5. Page 2, line 2, by striking the words "in this 1 22 subsection" and inserting the following: "to the 1 23 prosecuting attorneys training coordinator pursuant to 1 24 section 321.218A, as enacted in this Act,". 1 25 #6. Page 2, line 25, by striking the figure 1 26 "125,000" and inserting the following: "150,000". 1 27 #7. Page 3, line 2, by striking the figure 1 28 "200,000" and inserting the following: "225,000". 1 29 #8. Page 4, by inserting after line 17 the 1 30 following: 1 31 "c. The office of the attorney general shall carry 1 32 out a study of concentration in the livestock industry 1 33 in Iowa. The findings of the study may include 1 34 recommendations for legislation or other actions, and 1 35 shall be reported to the general assembly on or before 1 36 February 7, 1997. 1 37 10. For legal services for persons in poverty 1 38 grants as provided in section 13.34, as enacted in 1 39 this Act: 1 40 .................................................. $ 1,000,000 1 41 The appropriation in this subsection is reduced to 1 42 the extent of the amounts appropriated to the office 1 43 of the attorney general for legal services grants as 1 44 provided in section 321.218A, as enacted by this Act. 1 45 Sec. . DEPARTMENT OF JUSTICE – ENVIRONMENTAL 1 46 CRIMES INVESTIGATION AND PROSECUTION – FUNDING. 1 47 There is appropriated from the environmental crime 1 48 fund of the department of justice, consisting of 1 49 court-ordered fines and penalties awarded to the 1 50 department arising out of the prosecution of 2 1 environmental crimes, to the department of justice for 2 2 the fiscal year beginning July 1, 1996, and ending 2 3 June 30, 1997, an amount not exceeding $20,000 to be 2 4 used by the department, at the discretion of the 2 5 attorney general, for the investigation and 2 6 prosecution of environmental crimes, including the 2 7 reimbursement of expenses incurred by county, 2 8 municipal, and other local governmental agencies 2 9 cooperating with the department in the investigation 2 10 and prosecution of environmental crimes. 2 11 The expenditure of the funds appropriated in this 2 12 section is contingent upon receipt by the 2 13 environmental crime fund of the department of justice 2 14 of an amount at least equal to the appropriations made 2 15 in this section and received from contributions, 2 16 court-ordered restitution as part of judgments in 2 17 criminal cases, and consent decrees entered into as 2 18 part of civil or regulatory enforcement actions. 2 19 However, if the funds received during the fiscal year 2 20 are in excess of $20,000, the excess funds shall be 2 21 deposited in the general fund of the state. 2 22 Notwithstanding section 8.33, moneys appropriated 2 23 in this section which remain unexpended or unobligated 2 24 at the close of the fiscal year shall not revert to 2 25 the general fund of the state but shall remain 2 26 available for expenditure for the designated purpose 2 27 in the succeeding fiscal year." 2 28 #9. Page 4, by striking lines 18 through 32. 2 29 #10. By striking page 5, line 35, through page 6, 2 30 line 1, and inserting the following: 2 31 "................................................. $ 26,220,099 2 32 ............................................... FTEs 496.00" 2 33 #11. Page 6, line 6, by inserting after the word 2 34 "purposes," the following: "including not more than 2 35 $500,000 for necessary expenses in planning for the 2 36 construction of a 150 bed super maximum security 2 37 correctional facility during the fiscal year beginning 2 38 July 1, 1997, at a location determined by the 2 39 department of corrections,". 2 40 #12. Page 6, by striking lines 8 and 9 and 2 41 inserting the following: 2 42 "................................................. $ 1,149,089 2 43 ............................................... FTEs 9.50" 2 44 #13. Page 6, by striking lines 16 and 17 and 2 45 inserting the following: 2 46 "................................................. $ 20,125,506 2 47 ............................................... FTEs 376.75" 2 48 #14. Page 6, by striking lines 26 and 27 and 2 49 inserting the following: 2 50 "................................................. $ 16,635,631 3 1 ............................................... FTEs 328.30" 3 2 #15. Page 6, by striking lines 32 and 33 and 3 3 inserting the following: 3 4 "................................................. $ 10,333,775 3 5 ............................................... FTEs 156.28" 3 6 #16. Page 7, by striking lines 5 and 6 and 3 7 inserting the following: 3 8 "................................................. $ 14,909,042 3 9 ............................................... FTEs 285.32" 3 10 #17. Page 7, by striking lines 11 and 12 and 3 11 inserting the following: 3 12 "................................................. $ 5,791,219 3 13 ............................................... FTEs 114.00" 3 14 #18. Page 7, by striking lines 17 and 18 and 3 15 inserting the following: 3 16 "................................................. $ 14,537,836 3 17 ............................................... FTEs 248.00" 3 18 #19. Page 7, by striking lines 28 and 29 and 3 19 inserting the following: 3 20 "................................................. $ 6,612,098 3 21 ............................................... FTEs 135.00" 3 22 #20. Page 10, by striking line 13 and inserting 3 23 the following: 3 24 "................................................. $ 2,450,600" 3 25 #21. Page 10, line 17, by inserting after the word 3 26 "purpose." the following: "In addition, it is the 3 27 intent of the general assembly that the department 3 28 shall coordinate with the community colleges in the 3 29 areas in which the institutions are located to utilize 3 30 moneys appropriated in this subsection to fund the 3 31 high school completion, high school equivalency 3 32 diploma, adult literacy, and adult basic education 3 33 programs in a manner so as to maintain these programs 3 34 at the institutions." 3 35 #22. Page 10, by inserting after line 22 the 3 36 following: 3 37 " . For funding of the Ford Associates' 3 38 successful training empowerment process (STEP) inmate 3 39 education program: 3 40 .................................................. $ 60,000 3 41 . For funding of the criminal justice program 3 42 at the University of Northern Iowa: 3 43 .................................................. $ 175,000" 3 44 #23. Page 10, by striking line 35 and inserting 3 45 the following: 3 46 "................................................. $ 7,257,414" 3 47 #24. Page 11, by striking line 16 and inserting 3 48 the following: 3 49 "................................................. $ 5,744,594" 3 50 #25. Page 12, by striking line 11 and inserting 4 1 the following: 4 2 "................................................. $ 2,551,754" 4 3 #26. Page 12, by striking line 25 and inserting 4 4 the following: 4 5 "................................................. $ 9,248,170" 4 6 #27. Page 13, line 3, by inserting after the word 4 7 "program," the following: "and for not more than 4 8 $200,000 to be used for an addition to the Fasches 4 9 Center in Cedar Rapids,". 4 10 #28. Page 13, by striking line 5 and inserting the 4 11 following: 4 12 "................................................. $ 7,725,401" 4 13 #29. Page 13, by inserting after line 20 the 4 14 following: 4 15 "(4) The district department is authorized to 4 16 enter into financial arrangements for and to construct 4 17 an addition to the Fasches Center for the purposes of 4 18 adding staff offices." 4 19 #30. Page 14, by striking line 11 and inserting 4 20 the following: 4 21 "................................................. $ 4,243,087" 4 22 #31. Page 14, by inserting after line 26 the 4 23 following: 4 24 "(1) If funds are appropriated for the purposes 4 25 of this lettered paragraph, the first and second 4 26 judicial district departments of correctional services 4 27 shall establish a pilot project in each judicial 4 28 district department of correctional services to 4 29 provide targeted services to offenders convicted of a 4 30 serious or aggravated misdemeanor. The moneys 4 31 appropriated for the pilot project shall be evenly 4 32 divided between the first and second judicial district 4 33 departments of correctional services. 4 34 (2) It is the intent of the general assembly that 4 35 the projects will target offenders who are at high 4 36 risk to recidivate and will evaluate the progress of 4 37 participants. The district court and the department 4 38 of corrections shall cooperate with the first and 4 39 second judicial district departments of correctional 4 40 services in carrying out the pilot projects and shall 4 41 assist in obtaining grants and private resources to 4 42 supplement this appropriation. The district 4 43 departments of correctional services shall file a 4 44 report to the legislative fiscal bureau by January 15, 4 45 1998, on the result of the pilot project in their 4 46 judicial district." 4 47 #32. Page 16, by striking line 8 and inserting the 4 48 following: 4 49 "................................................. $ 91,769,430" 4 50 #33. Page 18, by inserting after line 4 the 5 1 following: 5 2 "j. Of the funds appropriated in this subsection, 5 3 the judicial department shall use not more than 5 4 $1,056,000 for an additional 6.00 district court 5 5 judges, and an additional 10.75 full-time equivalent 5 6 court reporters and court attendants. Of the 5 7 additional district court judges, 1.00 additional 5 8 district court judge shall be assigned to judicial 5 9 election districts 2A, 2B, 3B, and 5C and 2.00 5 10 additional district court judges shall be assigned to 5 11 judicial election district 5A, notwithstanding the 5 12 provisions of section 602.6201, subsection 3. 5 13 k. Of the funds appropriated in this subsection, 5 14 the judicial department shall use $262,989 for an 5 15 additional 3 juvenile court officers, 3 juvenile court 5 16 specialists, and clerical workers. 5 17 l. Of the funds appropriated in this subsection, 5 18 the judicial department shall use $140,154 to increase 5 19 the salary of all associate juvenile judges and 5 20 associate probate judges to the same salary level as a 5 21 district associate judge. 5 22 m. Of the funds appropriated in this subsection, 5 23 the judicial department shall use $216,000 to increase 5 24 the salary of district associate judges by $4,000." 5 25 #34. Page 18, by striking lines 7 through 19 and 5 26 inserting the following: 5 27 "Sec. . IOWA COURT INFORMATION SYSTEM. There 5 28 is appropriated from the general fund of the state to 5 29 the judicial department for the fiscal year beginning 5 30 July 1, 1996, and ending June 30, 1997, the following 5 31 amount, or so much thereof as is necessary, to be used 5 32 for the purpose designated: 5 33 For the Iowa court information system: 5 34 .................................................. $ 857,500" 5 35 #35. Page 18, by striking line 29 and inserting 5 36 the following: 5 37 "................................................. $ 3,150,915" 5 38 #36. Page 20, line 10, by striking the words "make 5 39 all reasonable efforts to" and inserting the 5 40 following: "shall maintain, in coordination with 5 41 local community colleges". 5 42 #37. Page 20, by striking lines 11 and 12 and 5 43 inserting the following: "the vocational education 5 44 programs for inmates in each institution." 5 45 #38. Page 22, by striking lines 4 and 5 and 5 46 inserting the following: 5 47 "................................................. $ 9,926,841 5 48 ............................................... FTEs 174.65" 5 49 #39. Page 22, by striking line 9 and inserting the 5 50 following: 6 1 "................................................. $ 14,420,000" 6 2 #40. Page 22, by striking line 20 and inserting 6 3 the following: 6 4 "................................................. $ 1,038,418" 6 5 #41. Page 23, by striking lines 26 and 27 and 6 6 inserting the following: 6 7 "................................................. $ 574,137 6 8 ............................................... FTEs 15.60" 6 9 #42. Page 24, by striking lines 3 and 4 and 6 10 inserting the following: 6 11 "................................................. $ 2,171,438 6 12 ............................................... FTEs 38.80" 6 13 #43. Page 25, by inserting after line 35 the 6 14 following: 6 15 " . For costs associated with the training of 6 16 fire fighters: 6 17 .................................................. $ 1,000,000 6 18 . For the state medical examiner, for the 6 19 purpose of establishing an office of the state medical 6 20 examiner within the department of public safety, and 6 21 for not more than the following full-time equivalent 6 22 positions: 6 23 .................................................. $ 332,500 6 24 ............................................... FTEs 4.00" 6 25 #44. Page 26, by striking lines 15 and 16 and 6 26 inserting the following: 6 27 "................................................. $ 34,396,129 6 28 ............................................... FTEs 566.00 6 29 It is the intent of the general assembly that, of 6 30 the funds appropriated in this subsection, the 6 31 division shall expend the amount necessary to provide 6 32 the state match for adding twelve state troopers 6 33 through the federal community-oriented policing 6 34 services program. It is the intent of the general 6 35 assembly that once federal moneys for this program 6 36 end, the division shall present proposals to the 6 37 governor and the general assembly for continued 6 38 funding of the state troopers described in this 6 39 paragraph and for consideration of reducing the number 6 40 of state troopers through attrition, by the same 6 41 number as the number of troopers added through the 6 42 federal program." 6 43 #45. Page 27, line 9, by inserting after the word 6 44 "into" the following: "professional services". 6 45 #46. Page 27, by inserting after line 18 the 6 46 following: 6 47 "Sec. . NEW SECTION. 13.32 VETERANS ADVOCATE. 6 48 The attorney general shall appoint a competent 6 49 attorney to the office of veterans advocate. The 6 50 veterans advocate is to be housed in the office of the 7 1 attorney general. The advocate shall be an honorably 7 2 discharged member of the armed forces of the United 7 3 States. The advocate's term of office is for four 7 4 years. The term begins and ends in the same manner as 7 5 set forth in section 69.19. 7 6 Sec. . NEW SECTION. 13.33 DUTIES OF VETERANS 7 7 ADVOCATE. 7 8 The veterans advocate shall do all of the 7 9 following: 7 10 1. Assist the commission of veterans affairs 7 11 created in section 35A.2 in the carrying out of its 7 12 duties. 7 13 2. Assist the veterans of the state in obtaining 7 14 the benefits to which they are entitled. 7 15 3. Assist the veterans of the state in gaining 7 16 admission to the Iowa veterans home in a timely 7 17 manner. 7 18 4. Provide assistance to the county commissions of 7 19 veterans affairs created in chapter 35B in the 7 20 carrying out of their duties. 7 21 Sec. . Section 37.10, unnumbered paragraph 1, 7 22 Code 1995, is amended to read as follows: 7 23 Each commissioner shall bean honorably discharged7 24soldier, sailor, marine, airman, or coast guard member7 25 a veteran, as defined in section 35.1, and be a 7 26 resident of thecitycounty in which the memorial hall 7 27 or monument is locatedor live within the county if7 28the memorial hall or monument is located outside of a7 29city or is a joint memorial as provided in this7 30chapter." 7 31 #47. Page 27, by striking lines 19 through 34. 7 32 #48. Page 28, by inserting after line 12 the 7 33 following: 7 34 "Sec. . Section 602.6201, subsection 10, Code 7 35 Supplement 1995, is amended to read as follows: 7 36 10. Notwithstanding the formula for determining 7 37 the number of judgeships in this section, the number 7 38 of district judges shall not exceed one hundredeight7 39 fourteen during the period commencing July 1,19957 40 1996." 7 41 #49. Page 28, by inserting after line 12 the 7 42 following: 7 43 "Sec. . Section 602.8108, subsection 3, Code 7 44 1995, is amended by adding the following new 7 45 paragraph: 7 46 NEW PARAGRAPH. c. Notwithstanding provisions of 7 47 this subsection to the contrary, all moneys collected 7 48 from the drug abuse resistance education surcharge 7 49 provided in section 911.2 shall be remitted to the 7 50 treasurer of state for deposit in the general fund of 8 1 the state and the amount deposited is appropriated to 8 2 the Iowa law enforcement academy for use by the drug 8 3 abuse resistance education program." 8 4 #50. Page 28, line 20, by striking the words "nine 8 5 million two hundred" and inserting the following: 8 6 "twelve million four hundred fifty". 8 7 #51. Page 29, by inserting after line 27 the 8 8 following: 8 9 "Sec. . Section 910A.7A, Code 1995, is amended 8 10 to read as follows: 8 11 910A.7A NOTIFICATION BY DEPARTMENT OF JUSTICE. 8 12 The department of justice shall notify a registered 8 13 victim ofall dispositional orders of a case currently8 14on appealthe filing of an appeal, all dispositional 8 15 orders in the appeal, and the outcome of the appeal of 8 16 a case in which the victim was involved." 8 17 #52. Page 29, by inserting after line 27 the 8 18 following: 8 19 "Sec. . Section 911.2, unnumbered paragraph 1, 8 20 Code 1995, is amended to read as follows: 8 21 When a court imposes a fine or forfeiture for a 8 22 violation of a state law, or of a city or county 8 23 ordinance except an ordinance regulating the parking 8 24 of motor vehicles, the court shall assess an 8 25 additional penalty in the form of a surcharge equal to 8 26 thirty percent of the fine or forfeiture imposed. An 8 27 additional drug abuse resistance education surcharge 8 28 of five dollars shall be assessed by the court if the 8 29 violation arose out of a violation of an offense 8 30 provided for in chapter 321J or chapter 124, division 8 31 IV. In the event of multiple offenses, the surcharge 8 32 shall be based upon the total amount of fines or 8 33 forfeitures imposed for all offenses. When a fine or 8 34 forfeiture is suspended in whole or in part, the 8 35 surcharge shall be reduced in proportion to the amount 8 36 suspended." 8 37 #53. Page 30, by striking lines 14 through 17. 8 38 #54. Page 31, by inserting after line 15 the 8 39 following: 8 40 "DIVISION II 8 41 LOCAL CORRECTIONS INFRASTRUCTURE GRANT PROGRAM 8 42 Sec. . NEW SECTION. 905A.1 DEFINITIONS. 8 43 For the purposes of this chapter, unless the 8 44 context otherwise requires: 8 45 1. "Division" means the division of criminal and 8 46 juvenile justice planning of the department of human 8 47 rights. 8 48 2. "Government" means a community-based 8 49 correctional program as defined in section 905.1, or a 8 50 city, school district or accredited nonpublic school, 9 1 or county which expends funds for incarceration or 9 2 supervision of individuals charged with or convicted 9 3 of a felony, an aggravated misdemeanor, or a serious 9 4 misdemeanor, or for crime prevention activities. 9 5 3. "Judicial election district" means a judicial 9 6 election district described in section 602.6109. 9 7 Sec. . NEW SECTION. 905A.2 LOCAL CORRECTIONS 9 8 INFRASTRUCTURE GRANT PROGRAM. 9 9 1. A local corrections infrastructure grant 9 10 program is created in the division. The division 9 11 shall adopt administrative rules pursuant to chapter 9 12 17A as necessary to administer the program in 9 13 accordance with this chapter. The rules shall include 9 14 but are not limited to provisions for auditing of 9 15 grant expenditures. 9 16 2. The division shall develop a request for 9 17 proposals for the grant program and assist judicial 9 18 election districts in developing proposals in response 9 19 to the request. The division shall not accept more 9 20 than one proposal from a judicial election district 9 21 for each of the grant groupings. For the fiscal year 9 22 beginning July 1, 1997, grants shall be awarded in 9 23 accordance with this chapter in the following two 9 24 groupings: 9 25 a. Twenty-five million dollars to one or more 9 26 governments or groups of governments in judicial 9 27 election districts, divided proportionately according 9 28 to the judicial election districts' relative 9 29 proportion of the state's general population. 9 30 b. Nine million dollars to one or more governments 9 31 or groups of governments representing judicial 9 32 election districts, awarded according to criteria 9 33 developed by the task force based upon the relative 9 34 amount of criminal activity in the judicial election 9 35 district, the innovative nature of the proposal 9 36 submitted by the government or group of governments, 9 37 and the statewide need for the project proposed to be 9 38 developed. 9 39 3. A proposal for a grant under this chapter is 9 40 subject to all of the following conditions: 9 41 a. A judicial election district may combine with 9 42 one or more other judicial election districts in 9 43 developing a proposal or may propose a joint project 9 44 in separate proposals. 9 45 b. A proposal shall be for one or more 9 46 infrastructure or school-based crime prevention 9 47 projects or combination of projects relating to one or 9 48 more of the following purposes: 9 49 (1) A county jail. 9 50 (2) A regional or multicounty jail. 10 1 (3) A county juvenile detention or shelter care 10 2 home, including retirement of outstanding debt for 10 3 such a home. 10 4 (4) A regional or multicounty juvenile detention 10 5 or shelter care home. 10 6 (5) A community-based correctional program 10 7 facility. 10 8 (6) A school-based crime prevention program. 10 9 c. Grant moneys under this chapter shall not be 10 10 used for purposes other than infrastructure. 10 11 d. The division may accept or reject a proposal in 10 12 whole or in part. 10 13 e. A proposal must address the need for the 10 14 proposed project, degree of urgency for the project, 10 15 location of the project, provisions for the 10 16 governments within the judicial election district to 10 17 access the project, and the performance measures to be 10 18 used to evaluate the project. 10 19 f. The submission date for proposals under 10 20 subsection 2, paragraph "a" shall be on or before 10 21 February 17, 1997, and the submission date for 10 22 proposals under subsection 2, paragraph "b" shall be 10 23 on or before April 18, 1997. However, for good cause 10 24 shown, the division may extend the submission date for 10 25 proposals under subsection 2, paragraph "a". It is 10 26 the intent of the general assembly that the grant 10 27 award process be complete by June 30, 1997, and awards 10 28 made in the fiscal year beginning July 1, 1997. 10 29 However, the division may delay final approval of a 10 30 grant proposal which is approved in part while full 10 31 approval of the proposal is pending. 10 32 4. The office of the attorney general, the 10 33 department of education, and the university of 10 34 northern Iowa's criminology program shall work with 10 35 the division in implementing a public planning process 10 36 to assist the governments in judicial election 10 37 districts in developing a proposal, developing 10 38 technical assistance materials for the grant program, 10 39 developing the request for proposals, developing 10 40 proposed scoring tools, and producing model 10 41 performance measures and other evaluation processes 10 42 for grant program projects. The public planning 10 43 process shall include but is not limited to public 10 44 meetings in each of the judicial election districts. 10 45 Sec. . NEW SECTION. 905A.3 TASK FORCE. 10 46 1. The division shall establish and convene a 10 47 local corrections infrastructure grant program task 10 48 force to assist the division in scoring and evaluating 10 49 grant proposals and other assistance deemed necessary 10 50 by the division. 11 1 2. The membership of the task force shall include 11 2 but is not limited to representatives of the 11 3 following: 11 4 a. County sheriffs. 11 5 b. Police chiefs. 11 6 c. Office of the attorney general. 11 7 d. District judges. 11 8 e. Juvenile court judges. 11 9 f. Probation officers. 11 10 g. Juvenile court officers. 11 11 h. County supervisors. 11 12 i. City council members. 11 13 j. Criminal and juvenile justice planning advisory 11 14 council. 11 15 k. Juvenile services providers. 11 16 l. Community-based correctional programs. 11 17 m. County attorneys. 11 18 n. The Iowa state police association. 11 19 o. Local school officials. 11 20 p. Other members deemed necessary by the division 11 21 or task force. 11 22 3. Members of the task force are eligible for 11 23 reimbursement of actual and necessary expenses 11 24 incurred in the performance of their official duties. 11 25 The task force shall elect a chairperson and other 11 26 officers deemed necessary by the task force. 11 27 Sec. . NEW SECTION. 905A.4 PAYMENT OF GRANTS. 11 28 A grant awarded under section 905A.2 shall be paid 11 29 from the proceeds of bonds issued under section 16.177 11 30 or other moneys available to the division. A project 11 31 approved by the division for a grant under this 11 32 chapter is deemed to be approved by the general 11 33 assembly for purposes of issuing bonds under section 11 34 16.177. The department of corrections shall pledge 11 35 amounts in the Iowa prison infrastructure fund 11 36 established under section 602.8108A as security for 11 37 the payment of principal of, premium, if any, and 11 38 interest on the bonds. 11 39 Sec. . GRANT PROGRAM IMPLEMENTATION. There is 11 40 appropriated from the general fund of the state to the 11 41 department of human rights, division of criminal and 11 42 juvenile justice planning, for the fiscal year 11 43 beginning July 1, 1996, and ending June 30, 1997, the 11 44 following amount, or so much thereof as is necessary, 11 45 to be used for the purposes designated: 11 46 For technical assistance and staffing associated 11 47 with the development of the local corrections 11 48 infrastructure grant program enacted by this Act, 11 49 including salaries, support, maintenance, 11 50 miscellaneous purposes, and for not more than the 12 1 following full-time equivalent positions: 12 2 .................................................. $ 200,000 12 3 ............................................... FTEs 2.00 12 4 Sec. . JUVENILE CRIME PREVENTION. There is 12 5 appropriated from the general fund of the state to the 12 6 department of economic development for the fiscal year 12 7 beginning July 1, 1996, and ending June 30, 1997, the 12 8 following amount, or so much thereof as is necessary, 12 9 to be used for the purposes designated: 12 10 For continuing the juvenile crime prevention summer 12 11 youth employment program through the job training 12 12 partnership Act service delivery areas: 12 13 .................................................. $ 800,000 12 14 Sec. . EFFECTIVE DATE. This division of this 12 15 Act, being deemed of immediate importance, takes 12 16 effect upon enactment. 12 17 DIVISION III 12 18 CIVIL PENALTIES, FINES, SURCHARGES, AND WITHHOLDING 12 19 Sec. . NEW SECTION. 13.34 LEGAL SERVICES FOR 12 20 PERSONS IN POVERTY GRANT PROGRAM. 12 21 1. For the purposes of this section, "eligible 12 22 individual" means an individual or household with an 12 23 annual income which is less than one hundred twenty- 12 24 five percent of the poverty guidelines established by 12 25 the United States office of management and budget. 12 26 The attorney general shall contract with an eligible 12 27 nonprofit organization to provide legal assistance to 12 28 eligible individuals in poverty. The contract shall 12 29 be awarded within thirty days after May 30, 1996. The 12 30 contract may be terminated by the attorney general 12 31 after a hearing upon written notice and for good 12 32 cause. 12 33 2. A nonprofit organization must comply with all 12 34 of the following to be eligible for a contract under 12 35 this section: 12 36 a. Be a nonprofit organization incorporated in 12 37 this state. 12 38 b. Has lost or will lose funding due to a 12 39 reduction in federal funding for the legal services 12 40 corporation for federal fiscal year 1995-1996. 12 41 c. Employ attorneys admitted to practice before 12 42 the Iowa supreme court and the United States district 12 43 courts. 12 44 d. Employ attorneys and staff qualified to address 12 45 legal problems experienced by eligible individuals. 12 46 3. The contracting nonprofit organization shall do 12 47 all of the following: 12 48 a. Offer direct representation of eligible 12 49 individuals in litigation and administrative cases, in 12 50 accordance with priorities established by the 13 1 organizations board. 13 2 b. Offer technical support to eligible 13 3 individuals. 13 4 c. Involve private attorneys through volunteer 13 5 lawyer projects to represent eligible individuals. 13 6 d. Utilize, to the fullest extent feasible, 13 7 existing resources of accredited law schools within 13 8 this state to provide consulting assistance to 13 9 attorneys in the practice of law in their 13 10 representation of persons in poverty. 13 11 e. Assist, to the fullest extent feasible, 13 12 accredited law schools within this state in enhancing 13 13 the schools' expertise in the practice of law 13 14 representing persons in poverty so that all attorneys 13 15 within the state will have a resource available to 13 16 provide training and experience in the practice of law 13 17 representing persons in poverty. 13 18 f. Cooperate, to the fullest extent feasible, with 13 19 existing informational and referral networks among 13 20 persons in poverty, providers of assistance to persons 13 21 in poverty, and others concerned with assistance to 13 22 persons in poverty. 13 23 4. The contracting nonprofit organization is not a 13 24 state agency for the purposes of chapters 19A, 20, and 13 25 669. 13 26 5. An individual is eligible to obtain legal 13 27 representation and legal assistance from the 13 28 contracting nonprofit organization if the eligible 13 29 individual meets all of the following criteria: 13 30 a. The eligible individual is a resident of this 13 31 state. 13 32 b. The eligible individual is financially unable 13 33 to acquire legal assistance, in accordance with 13 34 criteria established by the organization's board. 13 35 Sec. . NEW SECTION. 321.218A CIVIL PENALTY – 13 36 DISPOSITION – REINSTATEMENT. 13 37 When the department revokes a person's motor 13 38 vehicle license or nonresident operating privilege 13 39 under this chapter upon receipt of a record of 13 40 conviction of the person, the department shall assess 13 41 the person a civil penalty of two hundred dollars. 13 42 The money collected by the department under this 13 43 section shall be transmitted to the treasurer of state 13 44 who shall deposit one-half of the money in the victim 13 45 compensation fund established in section 912.14. Of 13 46 the remaining moneys collected during any fiscal year, 13 47 the treasurer shall transmit the first three hundred 13 48 thousand dollars to the office of the prosecuting 13 49 attorneys training coordinator as established in 13 50 chapter 13A, shall transmit the next seven hundred 14 1 thousand dollars to the office of the attorney general 14 2 to be used to implement the contract to provide legal 14 3 services to persons in poverty in accordance with 14 4 section 13.34, and shall deposit any additional moneys 14 5 collected during that fiscal year in the general fund 14 6 of the state. A temporary restricted license shall 14 7 not be issued or a motor vehicle license or 14 8 nonresident operating privilege reinstated until the 14 9 civil penalty has been paid. 14 10 Sec. . NEW SECTION. 321A.32A CIVIL PENALTY – 14 11 DISPOSITION – REINSTATEMENT. 14 12 When the department revokes a person's motor 14 13 vehicle license or nonresident operating privilege 14 14 under this chapter upon receipt of a record of 14 15 conviction of the person, the department shall assess 14 16 the person a civil penalty of two hundred dollars. 14 17 The money collected by the department under this 14 18 section shall be transmitted to the treasurer of state 14 19 who shall deposit one-half of the money in the victim 14 20 compensation fund established in section 912.14 and 14 21 one-half of the money shall be deposited in the 14 22 general fund of the state. A temporary restricted 14 23 license shall not be issued or a motor vehicle license 14 24 or nonresident operating privilege reinstated until 14 25 the civil penalty has been paid. 14 26 Sec. . Section 331.302, subsection 2, Code 14 27 1995, is amended to read as follows: 14 28 2. A county shall not provide a penalty in excess 14 29 of a one hundred dollar fine or in excess of thirty 14 30 days imprisonment for the violation of an ordinance. 14 31 The criminal penalty surcharge required by section 14 32 911.2 and the jail, courthouse security, and detention 14 33 facility surcharge required by section 911A.2 shall be 14 34 added to a county fine andisare not a part of the 14 35 county's penalty. 14 36 Sec. . Section 364.3, subsection 2, Code 1995, 14 37 is amended to read as follows: 14 38 2. A city shall not provide a penalty in excess of 14 39 a one hundred dollar fine or in excess of thirty days 14 40 imprisonment for the violation of an ordinance. An 14 41 amount equal to ten percent of all fines collected by 14 42 cities shall be deposited in the account established 14 43 in section 602.8108. However, one hundred percent of 14 44 all fines collected by a city pursuant to section 14 45 321.236, subsection 1, shall be retained by the city. 14 46 The criminal penalty surcharge required by section 14 47 911.2 and the jail, courthouse security, and detention 14 48 facility surcharge required by section 911A.2 shall be 14 49 added to a city fine andisare not a part of the 14 50 city's penalty. 15 1 Sec. . Section 602.8107, subsection 2, 15 2 paragraph b, Code Supplement 1995, is amended to read 15 3 as follows: 15 4 b. Fines or penalties andcriminal penalty15 5 surcharges. 15 6 Sec. . Section 602.8107, subsection 4, 15 7 unnumbered paragraph 2, Code Supplement 1995, is 15 8 amended to read as follows: 15 9 This subsection does not apply to amounts collected 15 10 for victim restitution, the victim compensation fund, 15 11 criminal penalty surcharge, jail, courthouse security, 15 12 and detention facility surcharge, or amounts collected 15 13 as a result of procedures initiated under subsection 5 15 14 or under section 421.17, subsection 25. 15 15 Sec. . Section 805.8, subsection 1, Code 15 16 Supplement 1995, is amended to read as follows: 15 17 1. APPLICATION. Except as otherwise indicated, 15 18 violations of sections of the Code specified in this 15 19 section are scheduled violations, and the scheduled 15 20 fine for each of those violations is as provided in 15 21 this section, whether the violation is of state law or 15 22 of a county or city ordinance. The criminal penalty 15 23 surcharge required by section 911.2 and the jail, 15 24 courthouse security, and detention facility surcharge 15 25 required by section 911A.2 shall be added to the 15 26 scheduled fine. 15 27 Sec. . Section 805.8, subsection 11, unnumbered 15 28 paragraph 1, Code Supplement 1995, is amended to read 15 29 as follows: 15 30 For violations of section 142B.6 or 453A.2, 15 31 subsection 2, the scheduled fine is twenty-five 15 32 dollars, and is a civil penalty, and the criminal 15 33 penalty surcharge under section 911.2 and the jail, 15 34 courthouse security, and detention facility surcharge 15 35 under section 911A.2 shall not be added to the 15 36 penalty, and the court costs pursuant to section 15 37 805.9, subsection 6, shall not be imposed. If the 15 38 civil penalty assessed for a violation of section 15 39 142B.6 is not paid in a timely manner, a citation 15 40 shall be issued for the violation in the manner 15 41 provided in section 804.1. However, a person under 15 42 age eighteen shall not be detained in a secure 15 43 facility for failure to pay the civil penalty. The 15 44 complainant shall not be charged a filing fee. 15 45 Sec. . Section 902.9, unnumbered paragraph 2, 15 46 Code 1995, is amended to read as follows: 15 47 The criminal penalty surcharge required by section 15 48 911.2 and the jail, courthouse security, and detention 15 49 facility surcharge required by section 911A.2 shall be 15 50 added to a fine imposed on a class "C" or class "D" 16 1 felon, as provided bythat sectionthose sections, and 16 2isare not a part of or subject to the maximums set in 16 3 this section. 16 4 Sec. . Section 903.1, subsection 4, Code 1995, 16 5 is amended to read as follows: 16 6 4. The criminal penalty surcharge required by 16 7 section 911.2 and the jail, courthouse security, and 16 8 detention facility surcharge required by section 16 9 911A.2 shall be added to a fine imposed on a 16 10 misdemeanant, andisare not a part of or subject to 16 11 the maximums set in this section. 16 12 Sec. . NEW SECTION. 907.14 PAYMENT IN LIEU OF 16 13 FINE. 16 14 When the court has deferred judgment the court may 16 15 order the defendant to pay an amount in lieu of a fine 16 16 in a case where a minimum fine would otherwise be 16 17 ordered. Payments in lieu of fines shall be ordered, 16 18 enforced, and administered as fines under chapter 909. 16 19 Sec. . Section 909.3, Code 1995, is amended by 16 20 adding the following new subsection: 16 21 NEW SUBSECTION. 3. If the court orders a fine to 16 22 be paid as provided by subsection 2, the court shall 16 23 require the defendant to execute a mandatory wage 16 24 assignment that would ensure payment of the fine 16 25 within twelve months of the date the wage assignment 16 26 becomes effective. The wage assignment shall be 16 27 enforced if the defendant fails to make payment as 16 28 provided in subsection 2. 16 29 A mandatory wage assignment executed pursuant to 16 30 this section is not subject to the limitation on 16 31 garnishment provided in sections 537.5105 and 642.21, 16 32 and is not subject to the limitation on assignment of 16 33 benefits under chapter 96 as provided in section 16 34 96.15. However, a wage assignment executed under this 16 35 subsection shall be enforced only after an order for 16 36 income withholding pursuant to chapter 252D or a 16 37 court-ordered wage assignment for purposes of support 16 38 is entered and enforced. A wage assignment executed 16 39 under this subsection shall be limited as specified in 16 40 15 U.S.C. } 1673(b). 16 41 Sec. . Section 909.8, Code 1995, is amended to 16 42 read as follows: 16 43 909.8 PAYMENT AND COLLECTION PROVISIONS APPLY TO 16 44CRIMINAL PENALTY SURCHARGESURCHARGES. 16 45 The provisions of this chapter governing the 16 46 payment and collection of a fine, except section 16 47 909.3A, also apply to the payment and collection of a 16 48 criminal penalty surcharge imposed pursuant to chapter 16 49 911 and the jail, courthouse security, and detention 16 50 facility surcharge imposed pursuant to section 911A.2. 17 1 Sec. . Section 909.10, subsection 1, Code 1995, 17 2 is amended to read as follows: 17 3 1. As used in this section, unless the context 17 4 otherwise requires, "delinquent amounts" means a fine, 17 5 court-imposed court costs in a criminal proceeding,or17 6 criminal surcharge imposed pursuant to section 911.2, 17 7 or jail, courthouse security, and detention facility 17 8 surcharge imposed pursuant to section 911A.2, which 17 9 remains unpaid after two years from the date that the 17 10 fine, court costs, or surcharge was imposed, and which 17 11 is not collected by the county attorney pursuant to 17 12 section 602.8107. However, if the fine may be paid in 17 13 installments pursuant to section 909.3, the fine is 17 14 not a delinquent amount unless the installment remains 17 15 unpaid after two years from the date the installment 17 16 was due. 17 17 Sec. . NEW SECTION. 911A.1 JAIL, COURTHOUSE 17 18 SECURITY, AND DETENTION FACILITY SURCHARGE 17 19 ESTABLISHED. 17 20 A jail, courthouse security, and detention facility 17 21 surcharge shall be levied against certain law 17 22 violators as provided in section 911A.2. The 17 23 surcharge shall be used as provided in section 911A.3. 17 24 Sec. . NEW SECTION. 911A.2 SURCHARGE. 17 25 When a court imposes a fine or forfeiture for a 17 26 violation of a state law, or of a city or county 17 27 ordinance except an ordinance regulating the parking 17 28 of motor vehicles, the court shall assess an 17 29 additional penalty in the form of a surcharge equal to 17 30 ten dollars. In the event of multiple offenses, the 17 31 surcharge shall be based upon the total number of 17 32 offenses. When a fine or forfeiture is suspended in 17 33 whole or in part, the surcharge shall not be reduced. 17 34 The surcharge is subject to the provisions of 17 35 chapter 909 governing the payment and collection of 17 36 fines, as provided in section 909.8. 17 37 Sec. . NEW SECTION. 911A.3 DISPOSITION OF 17 38 SURCHARGE. 17 39 1. When a court assesses a surcharge under section 17 40 911A.2, notwithstanding any other provision of the 17 41 Code to the contrary, proceeds from the surcharge 17 42 shall be appropriated and transferred to the treasurer 17 43 of the county in which the citation was issued to be 17 44 deposited in the county general fund and used only for 17 45 courthouse security and the improvement, expansion, 17 46 operation, or construction of a jail or juvenile 17 47 detention facility. However, proceeds from the 17 48 surcharge imposed in a city which operates a jail 17 49 shall be appropriated and transferred to the city 17 50 general fund for use only for operation of the jail. 18 1 2. At any time and for the purposes specified in 18 2 subsection 1, a county may transfer proceeds received 18 3 and deposited pursuant to this section to a contiguous 18 4 county or a county that has a relationship with the 18 5 transferring county concerning the use of a jail or 18 6 juvenile detention facility in the recipient county." 18 7 #55. Title page, line 2, by inserting after the 18 8 word "system," the following: "imposing civil 18 9 penalties and surcharges on criminal fines and 18 10 forfeitures,". 18 11 #56. By renumbering, relettering, or redesignating 18 12 and correcting internal references as necessary. 18 13 HF 2472.s 18 14 ec/cc/26
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